AMREP CORP.
v.
FEDERAL TRADE COMMISSION

U.S. | 1986-02-24
No. 85-633
475 U.S. 1034 Supreme Court of the United States (1986) Positive Treatment
Cited by 4 cases
Dissent
Justice White,

[*1035] Justice White,

dissenting.

The Federal Trade Commission ordered petitioner to cease various unfair trade practices in selling land, and required, among other things, that petitioner send all customers still under land sale contracts with it a letter disclosing that the Commission had brought an action against petitioner and explaining possible courses of action the customers might take. The United States Court of Appeals for the Tenth Circuit affirmed the Commission’s order over petitioner’s objection that the notification order was not within the Commission’s remedial authority under § 5 of the Federal Trade Commission Act, 38 Stat. 719, as amended, 15 U. S. C. § 45. 768 F. 2d 1171 (1985). The Tenth Circuit’s decision is at odds with decisions of the Fourth and Ninth Circuits holding that §5 authorizes only cease-and-desist orders, and not notification orders. See Barrett Carpet Mills, Inc. v. Consumer Product Safety Comm’n, 635 F. 2d 299 (CA4 1980); Congoleum Industries, Inc. v. Consumer Product Safety Comm’n, 602 F. 2d 220 (CA9 1979).* I would grant certiorari to resolve this apparent conflict.

*

The decisions in Barrett and Congoleum are interpretations of the powers of the Consumer Product Safety Commission under the Flammable Fabrics Act, 15 U. S. C. § 1191 et seq. Since 15 U. S. C. § 1194 incorporates § 5 of the Federal Trade Commission Act by reference, Barrett and Congoleum are effectively interpretations of the scope of § 5.

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    …t 38-39; see also Texaco, Inc. v. FPC, 412 F. 2d 740, 744 (3d Cir.1969) (general policy statements cannot establish binding norms in support of particular agency rulings); Amrep Corp. v. FTC, 768 F. 2d 1171, 1178 (10th Cir.1985) (same) cert. denied, 475 U.S. 1034, 106 S.Ct. 1167, 89 L.Ed.2d 352 (1986). . According to the Proposed Policy Statement, two rules on hydrogen control and related matters, one final and one proposed, would provide adequate assurance that the risk of degraded core accidents was accep…
  • Mrs. Verdie Mae Franklin v. United States, 992 F.2d 1492 (10th Cir. 1993)
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